Supreme Judicial Court of Maine
State of Maine v. Stanley B. Jones
March 17, 19831983 Me. LEXIS 630
Summary
The Maine Supreme Judicial Court held that the state’s implied‑consent statute does not create a right to consult counsel before a blood‑alcohol test and that neither the Maine nor the U.S. Constitution requires such a consultation; consequently the defendant’s motion to suppress the test results was reversed and the case remanded for an order denying the suppression.
Holding
- Whether Maine’s implied‑consent statute requires a right to consult counsel before a blood‑alcohol test. The statute does not require, and the Constitution does not create, a right to consult counsel before the test; the denial of counsel does not warrant suppression of the test results.
- Whether the Fifth or Sixth Amendments require counsel at the blood‑test stage. Neither amendment imposes a right to counsel at that stage because the test is not a critical stage of prosecution and does not implicate the privilege against self‑incrimination.
Cited by
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- State of Connecticut v. Joseph W. Cichowski
- Edward Earl Forte, Appellant v. the State of Texas, Appellee
- Edward Earl Forte, Appellant v. the State of Texas, State